Magre v. Charles

729 So. 2d 440, 1999 WL 110907
CourtDistrict Court of Appeal of Florida
DecidedMarch 5, 1999
Docket98-2138
StatusPublished
Cited by18 cases

This text of 729 So. 2d 440 (Magre v. Charles) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Magre v. Charles, 729 So. 2d 440, 1999 WL 110907 (Fla. Ct. App. 1999).

Opinion

729 So.2d 440 (1999)

Joseph MAGRE, M.D., Appellant,
v.
Michael J. CHARLES, M.D., Appellee.

No. 98-2138.

District Court of Appeal of Florida, Fifth District.

March 5, 1999.
Rehearing Denied April 13, 1999.

*441 Richard T. Jones, Gainesville, for Appellant.

Michael J. Charles, St. Augustine, pro se.

*442 W. SHARP, J.

Dr. Joseph Magre appeals from a final summary judgment in favor of Dr. Michael Charles in an action for defamation and intentional interference with a business relationship. We agree with the trial court that Dr. Charles' statements to The Florida Bar were absolutely privileged and thus summary judgment was properly entered in his favor on this count. However, we conclude that Dr. Charles' letter to fellow physicians, which was highly critical of Dr. Magre, creates issues of fact regarding his possible liability for defamation and intentional interference with a business relationship. Therefore, we reverse the summary judgment on these counts and remand for further proceedings.

Dr. Magre and Dr. Charles are surgeons practicing in St. Johns County. Both are on the medical staff of Flagler Hospital. Dr. Magre's staff privileges with the hospital were suspended. On December 23, 1993, the Medical Executive Committee of Flagler Hospital held a meeting to discuss this suspension. Dr. Charles attended a portion of the meeting but left before it was over. Dr. Charles later learned that Dr. Magre had been reinstated. Dr. Charles was upset by this and sent a letter, dated December 27, 1993, to the hospital staff members who were not at the meeting. The letter contains Dr. Charles' recollection of the meeting as well as his criticism of Dr. Magre and the reinstatement. A copy of this letter is attached as appendix A.

In February of 1994, Dr. Magre filed suit against Dr. Charles. The complaint alleged that the December 27th letter had defamed Dr. Magre. A few months later, in April 1994, Dr. Charles sent a letter to The Florida Bar, complaining about the attorney for Dr. Magre. Dr. Charles attached a copy of his December 27th letter to the Bar complaint. The Florida Bar found no violation.

In June 1994, Dr. Magre amended his complaint to include three counts. Count one alleged that the December 27th letter had defamed him. Count two alleged that the April letter to The Florida Bar and its attachment had defamed him. Count three alleged that the December 27th letter was an intentional interference with Dr. Magre's relationship with Flagler Hospital and the members of its medical staff.

The trial court concluded that the statements in the December 27th letter were pure opinion and therefore not actionable. The court also found that the April letter to The Florida Bar was absolutely privileged and that privilege extended to the letter that was attached to the complaint. Finally, the court found that Dr. Charles had not interfered with Dr. Magre's business relationships because Dr. Charles' statements were not defamation but were merely opinion.

On appeal, Dr. Magre contends that the court erred in entering summary judgment in favor of Dr. Charles on the defamation count of the complaint. Dr. Magre argues that Dr. Charles failed to conclusively establish that his December 27th letter was a statement of pure opinion and hence not actionable.

We recognize that expressions of pure opinion are privileged and protected by the Constitution. Nodar v. Galbreath, 462 So.2d 803 (Fla.1984); Beck v. Lipkind, 681 So.2d 794 (Fla. 3d DCA 1996); From v. Tallahassee Democrat, Inc., 400 So.2d 52 (Fla. 1st DCA 1981), rev. denied, 412 So.2d 465 (Fla.1982). Dr. Charles' letter, however, goes beyond pure opinion. Dr. Charles claimed that the meeting had a "total lack of a balanced forum and equal representation." Rather than merely stating his opinion, Dr. Charles stated "the truth is there were and are grave doubts regarding Dr. Magre's ability to insure the safety of the public in these cases ...." (emphasis added) Dr. Charles asserted that the other physicians "are at risk as well" and that they could be held personally responsible for the actions of the committee in reinstating Dr. Magre. Dr. Charles then advised his fellow staff members to contact their own attorneys regarding this matter.

Although these statements are not absolutely privileged, they are protected by a qualified privilege. Our supreme court explained the concept of qualified privilege in Nodar:

`One who publishes defamatory matter concerning another is not liable for the *443 publication if (a) the matter is published upon an occasion that makes it conditionally privileged and (b) the privilege is not abused.' Restatement (Second) of Torts § 593 (1976). The law of Florida embraces a broad range of the privileged occasions that have come to be recognized under the common law. See Rahdert & Snyder, Rediscovering Florida's Common Law Defenses to Libel and Slander, 11 Stetson L.Rev. 1 (1981). `A communication made in good faith on any subject matter by one having an interest therein, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, even though it contains matter which would otherwise be actionable, and though the duty is not a legal one but only a moral or social obligation.' 19 Fla.Jur.2d Defamation and Privacy § 58 (1980). See Abraham v. Baldwin, 52 Fla. 151, 42 So. 591 (1906). (footnote omitted)

462 So.2d at 808. See also Scholz v. R.D.V. Sports, 710 So.2d 618 (Fla. 5th DCA), rev. denied, 718 So.2d 170 (Fla.1998); Beck.

Here the letter was distributed to fellow physicians who clearly had an interest in the substance of the communication. Thus the defamatory statements were qualifiedly privileged. See Nodar (qualified privilege attached to remarks made by father of a student complaining of student's teacher at a school board meeting); Randolph v. Beer, 695 So.2d 401 (Fla. 5th DCA 1997) (defamatory statement made by a credit union's chairman to the Board of Directors concerning a rumor that an insurance agent was involved in a kick-back scheme with the credit union's president was subject to a qualified privilege). Since the defamatory statement was protected by a qualified privilege, the burden shifted to Dr. Magre to establish that the privilege was lost through malice or improper purpose. Nodar; Randolph. This is a material issue of fact to be resolved by the fact finder. Further, if there is sufficient evidence to indicate that the privilege was exceeded or abused, then that issue must also be submitted to the fact finder. Nowik v. Mazda Motors of America (East), Inc., 523 So.2d 769 (Fla. 5th DCA 1988).

Next, Dr. Magre argues that the trial court erred in entering summary judgment in favor of Dr. Charles on count two of the complaint, concerning Dr. Charles' letter to The Florida Bar regarding Dr. Magre's attorney. In this letter, Dr. Charles also complained about Dr. Magre's treatment of patients, and attached a copy of his December 27th letter to the Bar complaint.

In Tobkin v. Jarboe, 710 So.2d 975 (Fla. 1998), the Florida Supreme Court held that an individual who files a complaint against an attorney and makes no public announcement of the complaint, thereby allowing the grievance procedure to run its natural course, is afforded absolute immunity from a defamation action by the complained against attorney.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hill Dermaceuticals, Inc. v. Anthem, Inc.
228 F. Supp. 3d 1292 (M.D. Florida, 2017)
Richard Keith Alan, II v. Wells Fargo Bank, N.A.
604 F. App'x 863 (Eleventh Circuit, 2015)
Kenniasty v. Bionetics Corp.
82 So. 3d 1071 (District Court of Appeal of Florida, 2011)
Maib v. Federal Deposit Insurance
771 F. Supp. 2d 14 (District of Columbia, 2011)
Kenniasty v. Bionetics Corporation
10 So. 3d 1183 (District Court of Appeal of Florida, 2009)
Burge v. Ferguson
619 F. Supp. 2d 1225 (M.D. Florida, 2008)
Scott v. Busch
907 So. 2d 662 (District Court of Appeal of Florida, 2005)
Hodges v. Buzzeo
193 F. Supp. 2d 1279 (M.D. Florida, 2002)
Int'l Sales & Service Inc. v. Austral Insulated Pr
262 F.3d 1152 (Eleventh Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
729 So. 2d 440, 1999 WL 110907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/magre-v-charles-fladistctapp-1999.